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2020 Tennessee Code
Title 39 - Criminal Offenses
Chapter 14 - Offenses Against Property
Part 1 - Theft
§ 39-14-151. Suspension of Driver License for Gasoline Theft
Universal Citation: TN Code § 39-14-151 (2020)
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- In addition to the fine and imprisonment authorized by law for the offense of theft, the court may order the suspension of the driver license of a person convicted of theft for a first time for a period not to exceed six (6) months, if the theft conviction involved a person driving the person's motor vehicle off the premises of an establishment where gasoline is offered for retail sale, after dispensing gasoline or motor vehicle fuel into the fuel tank of that person's motor vehicle and failing to remit payment or make an authorized charge for the gasoline or motor vehicle fuel that was dispensed.
- In addition to the fine and imprisonment authorized by law for the offense of theft, the court shall order the suspension of the driver license of a person convicted of theft for a second time for a period of six (6) months if both such theft convictions involved are of the type of theft specified in subdivision (a)(1).
- In addition to the fine and imprisonment authorized by law for the offense of theft, the court shall order the suspension of the driver license of a person convicted of theft for a third or subsequent time for a period of one (1) year if all of such theft convictions involved are of the type of theft specified in subdivision (a)(1).
- If a person's driver license has been suspended under subsection (a), the court is vested with the authority and discretion to allow the continued use of a restricted driver license for the purpose of going to and from and working at the person's regular place of employment or, in the case of a student enrolled full time in a college or university, going to and from that college or university. The same restrictions and requirements for obtaining the license contained in § 55-50-502(c)(3) or (4) shall also apply to restricted licenses issued under this subsection (b).
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- Whenever a person is convicted of an offense under subsection (a) and the court orders the suspension of the driver license of that person, the court in which the conviction is had shall confiscate the license being suspended and forward it to the department of safety together with a report of the license suspension. If the court is unable to take physical possession of the license, the court shall nevertheless forward the report to the department. The report shall include the complete name, address, birth date, eye color, sex, and driver license number, if known, of the person whose license has been suspended, and shall indicate the first and last day of the suspension period. If the person is the holder of a license from another state, the court shall not confiscate the license but shall notify the department, which shall notify the appropriate licensing officials in the other state. The court shall, however, suspend the person's nonresident driving privileges for the appropriate length of time. “Conviction” has the same meaning as defined in § 55-50-503.
- Upon receiving the record and the driver license from the court, the department shall suspend the driver license of the person for those periods specified in subsection (a).
- At the end of the period of time established in subsection (a) and prior to reinstatement of the license, the person upon applying for reinstatement of the license shall pay the restoration fee to the department as required under § 55-12-129(b).
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